Judge claims State unlikely to follow up hundreds of parking fines

A further 219 parking fines were not paid yesterday, for the fourth day running, after Judge Desmond Windle again did not consider…

A further 219 parking fines were not paid yesterday, for the fourth day running, after Judge Desmond Windle again did not consider the cases in court involving people who had come to pay their fines.

Judge Windle, at the Dublin Metropolitan Court, said he was not accepting that certificates issued by the Motor Taxation Office could be verified and that the names of the registered owners were correct.

The controversy began on Monday when the judge said he doubted the validity of the names of registered owners on the certificates. Since then over 500 people have been told they could leave the court as he was not making an order based on the summonses.

Judge Windle referred to one name on yesterday's list, PH Systems, and said the name was not a legal entity. He asked Mr Aidan O'Sullivan, administration officer at the Motor Taxation Office, who appeared yesterday for the third time this week, why names were accepted which were not proper legal entities.

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"Because that's what the person put down on the RF100 form," Mr O'Sullivan said.

Mr O'Sullivan added that there was explicit information on the forms as to how to fill them out, and there were also warnings on the forms about making false declarations.

Judge Windle asked if any inquiry had been made to check if the name given at the office was questionable. Mr O'Sullivan said officials in the Motor Taxation Office may have asked the person registering the vehicle if the information was correct.

"The facts speak for themselves. No intelligence at all is used to consider the applications," Judge Windle said.

Mr O'Sullivan said pressures of time meant the office could not undertake a more rigorous checking of information. "Our staff is working under extreme pressure," he said, and added: "If we asked for the certificates of limited companies, the car registration office would grind to a halt."

Judge Windle asked Mr O'Sullivan if it was correct to say the onus was on the individual rather than the Motor Taxation Office to check that the information was correct. "The main onus is on the owner of the car," Mr O'Sullivan replied.

Judge Windle said it was incorrect in law to have more than one person registered as the owner of a vehicle. "The law provides there can be only one registered owner of a vehicle. There can be many owners but only one registered owner who can be accountable."

Mr O'Sullivan said houses were owned jointly by people and asked why a car could not similarly be registered jointly.

"Because there is no penalty for parking a house on double-yellow lines," the judge replied.

Counsel for the Gardai and the DPP, Ms Claire Loftus, said Mr O'Sullivan was prepared to stand over the records in the Motor Taxation Office regarding the information which was given to it.

When Judge Windle told people who had come to pay their fines yesterday that they were free to go, he added that it was highly probable that the State would not contact them regarding the fines again.

Today will be the last sitting of the court before the summer recess.